Unlike child support, spousal support (alimony) is not subject to a mandatory guideline calculation. (However, many counties in California have a formula method of calculating temporary spousal support that is calculated by the same software programs that calculate child support)  In the jurisdictions where a guideline for temporary spousal support is not used, the court has wide discretion in setting an amount to be paid by one spouse to the other. These amounts are based on the relative incomes and expenses of the parties and other factors which vary with each case.

At the time a judgment is rendered, the court may set permanent spousal support. The amount is determined using factors provided in California Family Code sec. 4320. Although we call it “permanent”, like child support, the amount of spousal support is modifiable if financial circumstance change, ie., one or both spouse’s income or expenses change substantially. Such a modification is not automatic. It must be done by filing a proper motion with the Court.

The duration of spousal support is determined by the length of the parties marriage, earning potential of the parties and other factors. The Family Code contains a presumption that in a marriage of less than 10 years, the suggested duration of spousal support is one-half the length of the marriage, eg., in an eight year marriage the permanent spousal support would generally be ordered for four years from the date the parties separated. This is not a hard, fast rule, however, and the court has wide discretion to make the term of support longer or shorter. Also, a marriage in excess of ten years does not mean that spousal support will necessarily go on forever. Just as the amount is modifiable, so is the duration and a party could file a motion for termination of his/her spousal support obligation at some point after the divorce is over. Generally, the longer the marriage, the longer the duration of spousal support.

Also unlike child support, spousal support payments are generally taxable as income to the person receiving them and deductible by the person paying spousal support.